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United States v. Underwood

United States Court of Appeals for the Sixth Circuit

859 F.3d 386 (2017)

Facts

Iraephraim Underwood (defendant) was charged with sexually assaulting his step-granddaughter, Jane. Jane was evaluated by a sexual-assault nurse examiner named Nurse Gorsuch. Gorsuch asked Jane who her assailant was. Jane told Gorsuch that Underwood sexually assaulted her. Underwood was not present during the medical evaluation. At the trial, the government (plaintiff) introduced Jane’s statement to Gorsuch. The statement was offered to prove that Jane was sexually assaulted by Underwood. The district-court judge admitted Jane’s out-of-court statement. Subsequently, the jury convicted Underwood. Underwood appealed.

Rule of Law

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Issue

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Holding and Reasoning (Siler, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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